Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My Mother loaned my fiancé and I money on two separate occasions

My Mother loaned my...
My Mother loaned my fiancé and I money on two separate occasions to repair and to help with the down payment on a mortage for his former marital house. The checks were written out to me, I cashed them, and deposited them into his account. The mortage company does have a "gift" receipt for the $12000 under my name. We have since separated, he kept the house and now hasn't repaid the money back to my Mother. The first loan was for $5000 and the second loan was for $12000. He repaid $9800 but nothing more since we parted ways. Since he kept the house, which the money was for, is there anything I can do to get this money from him ?
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
2/1/2013
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28,694
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your situation and concern. Just to be clear, there was a total of $17,000 loaned to you by your mother and out of that amount, he has paid back $9800? In addition, when the home was purchased, why was your name not listed on the title to the home? Why did he get the keep the home, if you had a legal interest in it?
Ask Your Own Legal Question
Customer reply replied 4 years ago


My name was on the title originally, and like a fool, I allowed him to black mail me into removing my name from the title in order to get ANY of the money from him. That is how I was able to get the initial $9800. My name was not on the mortage.

Pamela, thank you for the additional information. If the money was a loan and not a gift, your mother would have to sue your ex fiance, for the amount which is currently owed and outstanding. Even though the agreement was oral/verbal and not in writing, it would not prevent her from suing him. It would only make it harder to prove that this was a loan and what the terms and conditions of the loan were. However, an argument can be made that if you both agreed to borrower this, that the debt should be shared equally. As such, if $17,000 total was borrowed, you each would be liable for $8500. If it already paid back $9800, he could have a possible defense. That would be up to the Judge to decide, based upon the cause of action and evidence presented by your mother. As far as the issue with the home, if he did black mail and trick you, you could have a possible cause of action to get your entitled share/legal interest to the home. You would need to show what he did, that you gave him this money and what the intent/agreement between the both of you were. I know, at the time, you were planning on getting married and owning the home together but you could still show that you have a legal interest in the home, based upon the money you gave him and the intended purpose.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Ask Your Own Legal Question
Customer reply replied 4 years ago


My questions: Since the money was needed for the home, and now the home is soley his, wouldn't it mean he should be responsible for that loan ?


Also, would it be considered theft by deception since it was less than 6 months AFTER he got this money, we parted ways. It almost seemed he used me for the purpose of getting the finances he needed since he had no other means to get this money. I just want my Mother to be reimbursed for her effort to help him purchase this home.

The burden would be on you, to show that he used you to get this money and his sole purpose of getting engaged, was to help obtain the home, using both you and your mother. It may be hard to prove this and that the separation was a result of no other reason. Even then, you may still have an interest in the home, based upon the money you borrowed together and applied to the home. If this was just a gift, you would be out the money and legal interest. However, if you agreed to take the money and you both would have an ownership interest in the home, you would be entitled to a portion of it. The right thing for him to do would be to buy out your interest. If he will not do that, then you need to sue him to obtain relief.
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28,694
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified
LegalKnowledge and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28,694
28,694 Satisfied Customers
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.

LegalKnowledge is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
If there was a Time Certificate of Deposit titled joint
If there was a Time Certificate of Deposit titled joint ownership with the deceased and one of the heirs that was named in the will to share equally was not listed on the Time Certificate. Does this i… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is this a free service? Its involving titling a motor
Its involving titling a motor vehicle. Is that something I can ask here? … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
18 satisfied customers
Title for property at 1007 Cedar Blvd. in Portsmouth, NH.
title for property at 1007 White Cedar Blvd. in Portsmouth, NH … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
I live in a Shared Ownership property which was bought in
I live in a Shared Ownership property which was bought in 2007 along with my now ex wife. We split up shortly after moving here and are divorced now, but it seems the solicitors did not process the re… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,120 satisfied customers
If I entered into a verbal ownership agreement with a person
if I entered into a verbal ownership agreement with a person to own 50% of my commercial building, but allowed him to use some of my space for four years, how do I get back the legal right to sell my … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have a question regarding transfer of ownership of real
I have a question regarding transfer of ownership of real estate in Minnesota. … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Yesterday we bought into Wyndham Vacation Ownership in
Yesterday we bought into Wyndham Vacation Ownership in Nashville Tn. We fell that they were not honest and that we were mislead.Is it possible to get our money back? … read more
LegalKnowledge
LegalKnowledge
Attorney
28,694 satisfied customers
My boyfriend and I went to purchase vehicle the title is in
my boyfriend and I went to purchase vehicle the title is in his name but my name is ***** ***** loan he already stated he won't pay the loan. he doesn't have ajob … read more
LegalKnowledge
LegalKnowledge
Attorney
28,694 satisfied customers
I need to secure a ownership % of a property with a lien in
I need to secure a ownership % of a property with a lien in phoenix AZ … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Ten years ago I got a title loan using my personal vehicle
Ten years ago I got a title loan using my personal vehicle as collateral. I subsequently defaulted on the loan but the creditors were unable to retrieve the car. Now the car has broken down and can't … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I paid off a title loan and purchased the vehicle the title
hi I paid off a title loan and purchased the vehicle the title co released the lien and gave me the title and then went back and applied for a replacement title that has the lien on it because their c… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
76 satisfied customers
What is the cost of change in ownership in Ghana for will
What is the cost of change in ownership in Ghana for will that has passed property to a child of majority age? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I used my pickup for a Title Loan several months ago. Texas
Hello my name is Alfonzo. I used my pickup for a Title Loan several months ago. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I recently purchase property title and loan is in friend
i recently purchase property title and loan is in my name My friend office to pay half of the cost . need a contract and will . I have two sons she has a sister and brother I need advice / legal docum… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
We own a condo together as loan, title(deed) and husband
We own a condo together as loan, title(deed) and husband agrees to quit claim deed in order to transfer me as sole ownership. I'm aware of that when future sale, capital gain tax exemption would be $2… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
How can I legally get out of my title loan and yet keep the
How can I legally get out of my title loan and yet keep the car … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I had a vehicle repod yesterday in IL due to title loan
I had a vehicle repod yesterday in IL due to title loan payment default. The vehicle was repod once before and I paid to get it back. They are telling me now I can't get it back at all. Is this true??… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
My car is charged off on its loan but the title is with the
My car is charged off on its loan but the title is with the bank's possession, how can I get the title released back to me? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x